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Mumbai train blasts: Supreme Court set aside Bombay High Court order

Thursday March 14, 2013 11:18:38 PM, ummid.com Staff Reporter

Malegaon: The Supreme Court of India on Thursday set aside for want of more facts a Bombay High Court judgment allowing the accused in the July 2006 Mumbai train blasts to summon Additional Home Secretary, Govt. of Maharashtra and three Deputy Police Commissioner of Police (DCP).

 

The Apex Court bench comprising Justice P. Sathasivam and Justice Jagdish Singh Khehar however allowed the accused to file an appeal against the judgment. 

 

"From different angles and perspectives based on the provisions of the Evidence Act and MCOCA examined on the basis of submissions advanced by the learned counsel representing the rival parties, it is inevitable for us to conclude, that the accused-respondents cannot be permitted to summon the witnesses for the specific objective sought to be achieved by them", said the 60 pages Supreme Court judgment.

 

Kamal Ahmed Mohammed Vakil Ansari, one of the accused in the July 2006 Mumbai train blast case, had filed a petition in the Trial Court for summoning Chitkala Zutshi, Additional Chief Secretary (Home Department) and DCPs Vishwas Nangre Patil, Milind Bharambe as Dilip Sawant for cross examination.

 

In its petition, the accused had stated that the three DCPs had recorded the confessional statements of few of the alleged members of the Indian Mujahideen.

 

The objective of the accused (of producing these witnesses in defence) was to show, that others were responsible for actions for which the accused were being blamed.

 

The Trial Court however in its judgment in its order dated August 01, 2012 declined the prayer.

 

As a result, Ansari approached the Bombay High Court. In response to his plea, the Bombay Court on November 26, 2012 ordered in Ansar's favour allowing him to summon Zutshi and the three Deputy Commissioner of Police Patil, Bharambe and Sawant and examine them as witnesses for the defence.

 

The Maharashtra government appealed in the Supreme Court against the Bombay High Court verdict which now stands set aside.

 

The accused is now intending to file a review petition against the judgment.

 

"We will surely be filing a review petition after studying the judgment", Advocate Shahid Nadeem Ansari said while talking to ummid.com.

 

 

 

 


 


 

 





 

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